Legislative Decree 27 December 2024, n. 219 introduced in Italy an organic discipline for the protection and valorization of the so-called “historical workshops”, sanctioning the birth of the National Register of commercial activities, artisan workshops and public establishments of historical, cultural and commercial importance.
Purposes and principles
The provision was created in implementation of the delegation law of 5 August 2022, n. 118, with the aim of:
- Protect historic businesses from pressure from large chains and the risk of commercial homogenization.
- Enhance the Italian cultural and commercial heritage, promoting the continuity of local traditions.
- Promote quality tourism, linked to genius loci of the territories.
Definitions and categories
The decree identifies three main categories:
- Historic commercial activity: retail outlets with at least 50 years of continuous operation (or a different duration established by regional regulations).
- Artisan workshop: activities managed by artisan entrepreneurs, characterised by predominantly manual and traditional processes.
- Historic public establishment: food and beverage outlets with proven history.
For businesses of excellence, there is a special section dedicated to businesses with at least 70 years of activity in the same location, family management for at least three generations and preservation of the historical appearance of interiors and furnishings.
Protection and enhancement tools
Legislative Decree 219/2024 provides:
- Establishment of local and national registers: Territorial entities can establish their own registers; the National Register, managed by the Ministry of Business and Made in Italy, collects and coordinates the registrations, guaranteeing uniformity and visibility on a national scale.
- Pre-emptive rightsRegistered traders have the right of pre-emption on the purchase of premises, even in the case of the sale of entire real estate complexes.
- Cultural protectionThe Ministry of Culture can recognize some activities as cultural assets, imposing destination and conservation constraints.
- Promotion and incentives: Promotional campaigns are planned, the creation of tourist and product itineraries, and incentives for management continuity, even in the event of generational transfer.
- Possibility of activating conciliatory paths: Regions can identify specific conciliatory paths to facilitate the conclusion of agreements between traders and owners of premises. The aim is to avoid phenomena of expulsion of historical operators from historical centres and prestigious commercial areas, often due to difficulties in rental relationships or increases in rents
- Administrative simplifications: Activities already registered in local registers or Unioncamere are automatically integrated into the National Register if they comply with the requirements.
- Countering “false historical shops”The official registration system aims to prevent abuse of historical names by businesses that do not meet the requirements.
Conclusions
The regulation of “historical shops” introduced by Legislative Decree 219/2024 represents a decisive step towards safeguarding the commercial and cultural identity of Italian urban centres. Registration in the registers offers formal recognition and concrete tools for protection, promotion and continuity, with the hope of countering the decline of traditional trade and enhancing the intangible heritage of the country.
Content by Attorney Luca Tiberi.
